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2025 DAILYLAW 148942 (ALL)

RAHMAT ALI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME, LKO. AND ANOTHER

A482/5400/2025 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37518 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5400 of 2025 Applicant :- Rahmat Ali And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Shiv Charitra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shiv Charitra Tiwari, learned counsel for the applicants, Sri Ashok Kumar Srivastava, learned A.G.A. for the State, Sri Ram Pukar Singh, learned counsel for the opposite party no. 3 & 4 and perused the record. Short counter affidavit filed by the learned counsel for opposite party No. 3 & 4 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the impugned charge sheet and impugned summoning order dated 22.08.2023 as well as the entire proceedings of Case No. 89561/2023, arising out of Case Crime No. 1273/2019, under Sections 323, 506 IPC, Police Station Gomti Nagar, District Lucknow, pending in the Court of Chief Judicial, Lucknow, on the basis of a settlement arrived at between the parties. 3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise on 20.06.2025. The original compromise deed has been placed on record as Annexure-4 to the affidavit filed in support of the application. The learned counsel for the parties have confirmed the terms of compromise. 4. The learned counsel for the opposite party No. 3 & 4 does not have any objection, if the impugned proceedings are quashed against the applicant and the opposite party no. 3 & 4 supports the application. 5. Considering the fact that the dispute between the parties is of private nature and it does not affect the public at large and the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility. 6. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present application is allowed and proceedings of impugned charge sheet and impugned summoning order dated 22.08.2023 as well as the entire proceedings of Case No. 89561/2023, arising out of Case Crime No. 1273/2019, under Sections 323, 506 IPC, Police Station Gomti Nagar, District Lucknow, pending in the Court of Chief Judicial, Lucknow, are quashed. Order Date :- 2.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench